Hayle Town Council, R (on the application of) v The Cornwall Council

Hayle Town Council, R (on the application of) v The Cornwall Council

The Leader’s Decision to withdraw from the Loggans Moor roundabout upgrade was not so obviously material to the planning application as to require reconsideration before granting permission. The Officer’s Report and committee decision were based on the existing capacity of the highway network, and the planned upgrade was not a determinative factor. The claim fails as the new factor would not have realistically caused a different outcome.

Parties
Claimant: Hayle Town Council; Defendant: The Cornwall Council; 1st Interested Party: Burrington Estates (Hayle) Ltd; 2nd Interested Party: Progress Land (Hayle 3) Ltd
Jurisdiction
England and Wales
Judgment Date
24 February 2023
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Material Considerations in Planning Decisions, Delegated Authority in Planning, Judicial Review of Planning Permissions
Administrative Law Planning Law Material Considerations in Planning Decisions Delegated Authority in Planning Judicial Review of Planning Permissions

Case Brief

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Parties

Hayle Town Council

Claimant

The Cornwall Council

Defendant

Burrington Estates (Hayle) Ltd

1st Interested Party

Progress Land (Hayle 3) Ltd

2nd Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Leader’s Decision to withdraw from the Loggans Moor roundabout upgrade was a new factor so obviously material that it should have been taken into account before granting planning permission
  2. 2 Whether, had the Leader’s Decision been taken into account, the outcome for the claimant would have been substantially different
  3. 3 Whether the officer granting permission was or ought reasonably to have been aware of the Leader’s Decision

Ratio Decidendi

The Leader’s Decision to withdraw from the Loggans Moor roundabout upgrade was not so obviously material to the planning application as to require reconsideration before granting permission. The Officer’s Report and committee decision were based on the existing capacity of the highway network, and the planned upgrade was not a determinative factor. The claim fails as the new factor would not have realistically caused a different outcome.

Court Disposition

Application for judicial review dismissed